Where a baby is born before 24 weeks of pregnancy but lives for a short period only, will the mother be entitled to maternity leave and pay?

Where an employee's child is stillborn 24 weeks or more into the pregnancy, she will retain her entitlement to maternity leave and statutory maternity pay (SMP) provided that she meets the qualifying conditions.

A stillbirth prior to this date will mean that the employee will not have the right to maternity leave or pay. Instead, the employee will be entitled to statutory sick pay provided that the qualifying conditions are met.

However, where a live child is born early and lives for a short period of time only, the employee will retain her full rights to maternity leave and, assuming she meets the qualifying conditions, SMP, irrespective of the timing of the birth.